South Dakota Department of Public Safety Driver’s Licensing Stations to Remain Open, Citing Possibility of Voting Rights Act Litigation

South Dakota’s Department of Public Safety will continue to operate driver’s licensing stations in two counties with high American Indian populations, citing the possibility of a challenge under Section 5 of the Voting Rights Act of 1965. Section 5 requires certain states and political subdivisions with a history of discrimination to preclear—or, submit for federal review—any changes to voting procedures. Residents of the two counties complained that the closures would require them to drive significant distances to get the driver’s license or photo ID card that are necessary to vote in South Dakota, and they asserted that the closures would have a disparate impact on Native American voters who are less likely than non-Native residents of the counties to have access to cars and money for gas. One of the stations is in Todd County, a jurisdiction subject to the preclearance requirement. The second station is in Charles Mix County, which is not subject to the preclearance requirement but has been involved in Voting Rights Act litigation in the past.

A recent report by the ACLU found that Native American voters in South Dakota and elsewhere continue to face significant obstacles to voting, including electoral systems that dilute Native voting strength; burdensome voter ID requirements; lack of language assistance at the polls; and discriminatory voter registration procedures. In 2004, during the South Dakota primary, poll workers illegally turned away Native American voters who did not have the necessary identification, although voters could vote even without ID by signing an affidavit. And in 2006, the U.S. Court of Appeals for the Eighth Circuit found that the city of Martin, South Dakota violated the Voting Rights Act by drawing districts that dilute the strength of the Native vote.

The problems facing Native American voters demonstrate that ongoing, strong enforcement of the Voting Rights Act is necessary to protect the voting rights of persons across the country. Please join the Democratic National Committee in continuing to support the Voting Rights Act, and a voting process that is open and accessible to all eligible voters.